---
title: "Check a practitioner's AI use against Opinion 512 and EOIR"
url: "https://ailawframework.com/practice/immigration-and-migration-law/comply-with-omara-ai-expectations-for-registered-agents/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A30-B6-2-US"
practice_area: "Immigration & Migration Law"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Check a practitioner's AI use against Opinion 512 and EOIR

> Record whether the file contains a standing order on generative AI, and whether the draft was checked by the person who will sign it. Write no filing.

Canonical page: https://ailawframework.com/practice/immigration-and-migration-law/comply-with-omara-ai-expectations-for-registered-agents/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Immigration & Migration Law](https://ailawframework.com/practice/immigration-and-migration-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Record whether the file contains a standing order on generative AI, and whether the draft was checked by the person who will sign it. Write no filing. |
| What the lawyer must review | This is not an Australian migration-agent code. Formal Opinion 512 addresses competence, confidentiality, and supervision when a lawyer uses a generative tool. Policy Memorandum 25-40, 8 August 2025, says EOIR has no blanket prohibition and no mandatory disclosure, and that an individual judge or court may adopt a standing order. Section 1003.102(c) disciplines a knowing or reckless false statement of material fact or law. The lawyer decides what is filed. |
| Written for | United States |
| Applies to | [Comply with OMARA AI expectations for registered agents](https://ailawframework.com/practice/immigration-and-migration-law/comply-with-omara-ai-expectations-for-registered-agents.md) |

## Checking plan

- What the AI does: Record whether the file contains a standing order on generative AI, and whether the draft was checked by the person who will sign it. Write no filing.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Do not treat the memorandum as a disclosure form.
- Staff do not file an unchecked draft.

## Sources

- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)
- [EOIR Policy Memorandum 25-40 (8 August 2025)](https://www.justice.gov/eoir/media/1410621/dl?inline) (checked 2026-10-22)
- [8 C.F.R. section 1003.102, Grounds for discipline](https://www.law.cornell.edu/cfr/text/8/1003.102) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*